Yes, it was definitely a failure within Samsung's monitoring system. In any case, management can't be happy about it considering their expansion plans. My primary reason for commenting was to point out that the issue was not due to "lax/unenforced regulations and a subjugated "right-to-work" labor force...". Nothing could be further from the truth. The Texas Commission on Environmental Quality headquarters is literally in the neighborhood with Samsung and is a very powerful agency in a state that greatly values limited water resources.
I spoke to my friend who was an EPA certified Waster Water Treatment Engineer (retired) and used to work for a PCB factory. He said this incident indicated several failures contradicted to multiple required and well established EPA procedures.
For example:
#1, In such high risk factory, there is no way that waste water or raw materials can go into rain water detention pond. They are strictly designed with different handling systems. And multiple layers of protections are in place to prevent material crossing over. He said in all the states he worked before, it's impossible for Samsung with such flawed design to even get a building permit or start manufacturing operations.
#2, For such high risk factory, an EPA certified engineer is required to constantly (every hour for example) inspect input, output, and storage volume of all chemical, raw, new, and waste. How can 760,000 gallons difference between input and output gone 100+ days without notice? Are those log books fake?
#3, If this pollution was from waste water leakage, Samsung should have known that 760,000 (or more?) waste water that supposedly handled by Austin City's or Samsung's waste water treatment plant gone missing. How can this simple check done everywhere in US but didn't happen at Samsung?
#4, Samsung should (required by State EPA regulations, not sure in Texas) inspect surrounding area air and water quality constantly (for example everyday or every hour) for any change. Obviously no such action was taken at Samsung for those 100+ days.
Yes, people can blame that "person" within Samsung Austin fab for not doing his/her job. But why this long established EPA + onsite EPA Certified Engineer system works well across US but not at Samsung Austin fab? It needs more than one or two Samsung employees and more than Samsung themselves to fail the whole system.